Spagnoli-Scheman v. Bellew

Scarcella Law Offices, White Plains (M. Sean Duffy of counsel), for appellants. Martin, Fallon & Mulle, Huntington (Michael P. Ross of counsel), for respondents.

Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered March 2, 2010, after a jury trial in an action alleging serious injuries sustained in a motor vehicle accident, dismissing the complaint, unanimously affirmed, without costs.

The jury's verdict was based upon a fair interpretation of the evidence ( see generally McDermott v. Coffee Beanery, Ltd., 9 A.D.3d 195, 205–206, 777 N.Y.S.2d 103 [2004] ). There was conflicting expert testimony regarding whether plaintiff Spagnoli–Scheman sustained serious injuries within the meaning of Insurance Law § 5102(d), and the jury was “entitled to accept or reject” the testimony of plaintiffs' experts “in whole or in part” ( Crooms v. Sauer Bros., Inc., 48 A.D.3d 380, 382, 853 N.Y.S.2d 29 [2008]; see Crespo v. Chan, 54 A.D.3d 621, 866 N.Y.S.2d 624 [2008] ).

GONZALEZ, P.J., ANDRIAS, DeGRASSE, RICHTER, ABDUS–SALAAM, JJ., concur.